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    More on the Supreme Courts Geneva Accords Ruling

    Mark Steyn (always a good read) writes:

    Ah, but you’re not a Supreme Court justice. The reason why this was an ”armed conflict not of an international character” is that al-Qaida is not a nation. So an article designed to cover internal local conflicts in signatory states within a convention designed to exclude unlawful combatants has been extended to cover non-signatory unlawful combatants in a global jihad taking place on every continent — and, in effect, read into U.S. law. Congratulations! Why not throw in a complimentary gay marriage for Osama and Mullah Omar while you’re at it? Justice Stevens and his pals have now upgraded every terrorist to the rank of field marshal. Wherever you’re picked up by the United States anywhere on the planet, chances are it’s the ”territory of one of the High Contracting Parties” — Afghanistan, Brazil, Singapore, the world’s your oyster — and therefore, as you’re a member of al-Qaida, by definition it’s an “armed conflict not of an international character.”’

    and

    The immediate consequence of this is that America’s friends in India, Australia, Singapore, Denmark and elsewhere will conclude that this country is simply not serious and its descent into moral narcissism too advanced. The long-term consequence will be the opposite of what the justices intended — the sidelining and eventual discarding of Geneva, at least by nations that wish to survive the depredations of the jihad.

    Pulling outof the Geneva Accord would be a big deal – the US reputation would take a hit and the anti-anti-islamofascist would be frothing at the mouth.

    The US would need to do something like:

    1. Write the principles of the Geneva Convention as we had known them regarding uniformed personnel into US law.
    2. Write into US law procedures and processes for handling non-uniformed/terrorist/4GW/whatever fighters. Essentially, a Counter-Terror/4GW legal system would need to written into law.
    3. Announce that the US has withdrawn from the Geneva Accords after #1 and #2 above have occurred.
    4. Attempt to get Counter-Terrorist International Law made at the UN
    5. The US an like minded states should sign-on to an international compact that reflect the principles in #1 and #2 if possible.
    6. Implement the United States Law Supremacy Amendment to the US Constitution

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